Building Energy Efficiency Disclosure Amendment

LEASING l Issue No. 04 l Building Energy Efficiency Disclosure Amendment Act 2015
May 2015
The Building Efficiency Disclosure Act 2010 (Cth) (the
Act) established a National Energy Efficiency Disclosure
Scheme for sellers and landlords of commercial office
buildings. The Act requires energy efficiency information
to be disclosed in most cases when commercial office
space of 2,000 square metres or more is offered for sale
or lease. The Act aims to ensure that credible and
meaningful energy efficiency information is given to
prospective purchasers and lessees of large commercial
office space.
This information required to be provided is intended to
assist purchasers and lessees to make informed
decisions and take full account of the economic costs
and environmental impacts associated with operating the
buildings which they are intending to purchase or lease.
The regime requires that a seller or landlord must obtain
and register a full Building Energy Efficiency Certificate
(BEEC) when selling or leasing the building or an area
within a building. The BEEC has three components:
1 an energy efficiency star rating for the office building;
2 information about the energy efficiency of the office
lighting; and
3 generic guidelines on how the energy efficiency of the
office may be improved.
Since the establishment of the Scheme a number of
proposed changes have been raised through regular
forums with key industry stakeholders to improve the
Scheme. Those changes have manifested in the passing
of the Building Energy Efficiency Disclosure Amendment
Act 2015.
Major changes contained in the amending Act include:
 providing exemptions to building owners who receive
unsolicited offers for the sale of their office space;
 allowing transactions between wholly owned
subsidiaries to be excluded from the disclosure
obligations;
 introducing the ability to determine a commencement
date for a Building Energy Efficiency Certificate
(BEEC) which is later than the date of issue;
Mullins Lawyers l eNews Publications l Page 1
 removing the need for new owners and landlords to
reapply or pay the application fee for fresh
exemptions if there is a valid exemption already in
place for the building;
 removing the requirement for six pages of standard
energy efficiency guidance text on the BEEC. Instead
live and interactive online information about improving
energy efficiency for office buildings will be put in
place.
These changes will commence 1 July 2015 and it is
hoped that these amendments will streamline the
administration of the Act and reduce the regulatory
burden on businesses.
If you are unsure of whether the current legislation affects
you or want more information on the changes to the Act,
please do not hesitate to contact our office
Fiona Sears
Senior Associate
Mullins Lawyers
t +61 7 3224 0272
[email protected]
Rebecca Castley
Partner
Mullins Lawyers
t +61 7 3224 0211
[email protected]